Register a Trade Mark
Trade Mark Registration Services
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We can assist you to register your trade mark to ensure that your brand and your name are protected.
Before you grow or franchise your business you should ensure that your brand name or logo is not similar to a brand name or logo which is already registered.
Our Trade Mark Registration Process
We conduct the necessary searches to determine whether it is likely that you will be able to register your brand name or mark.
If we think that your trade mark is too similar to an existing registered trade mark, or is not distinctive enough to be registered, we will discuss with you the changes that could be made to your trade mark to give you the best chance of registration.
In addition, we will discuss with you the class or classes in which your trade mark should be registered to give your intellectual property the greatest protection.
For more information about Intellectual Property in general, see our resource page What is Intellectual Property.
Our Trade Mark Registration Packages
Our fixed fee to register your trade mark in one class is $1,500.00 plus GST (including registration fees).
If you want your trade mark registered in an additional class our fixed fee is an additional $900.00 plus GST (including registration fees).
Why do I Need to Register my Trade Mark?
If you register your trade mark in Australia, you will have exclusive use of the trade mark in Australia in the classes in which you have registered your trade mark.
While registration of a business name, gives you the right to use that name in association with your business, it does not give you the right to exclusively use the business name.
Our article Trademarking a Business Name sets out the benefits of registering your trade mark in more detail.
What is a Trade Mark?
A trade mark can be a letter, number, word, phrase, logo, picture or any combination of these.
As the owner of a registered trade mark you:
- have the exclusive right to use your trade mark as the brand name for the goods or services specified in the registration;
- have the right to sell your trade mark;
- can be in a stronger position to stop other people from using your trade mark as their brand name on the same or similar services in Australia.
Trade Mark FAQ's
For the purposes of trade mark registration, goods and services a categorised into one or more classes.
For example, class 25 is clothing, footware and headware.
Goods and services are divided up into 45 classes.
No, you don't need a lawyer to register a trade mark. You can register a trade mark yourself with IP Australia.
The advantages of using a lawyer who has experience in trade mark registration are that a lawyer can advise you on the likelihood of your trade mark application being accepted, a lawyer can assist you in selecting the right classes to protect your IP, and a lawyer can assist you to deal with any objections that you may receive.
IP Australia does not refund the registration fee if your get your trade mark registration wrong, or if your trade mark application is rejected.
Some of the common reasons that trade mark applications are rejected include:
- the trade mark is too generic or too descriptive;
- there is already a similar trade mark on the trade mark register;
- the class that you chose is not relevant to the goods or services that you are offering.